AUO Felonies vs. Misdemeanors

In New York, driving with a suspended or revoked license is a crime. Depending on the circumstances, aggravated unlicensed operation of a motor vehicle (AUO) or facilitating AUO may be a felony or misdemeanor offense. Understanding the differences between felony and misdemeanor AUO charges may help you assess your options. At Tilem & Associates, our Westchester County traffic ticket lawyers can provide legal guidance and advocate on behalf of drivers. We are dedicated to helping defendants navigate the challenges of AUO felony or misdemeanor cases.

Under New York law, aggravated unlicensed operation of a motor vehicle occurs when a person drives a vehicle on a public highway and knows, or has reason to know, that their driving privileges have been suspended, revoked, or otherwise withdrawn. Facilitating AUO is an offense for allowing someone with a revoked or suspended driver license to drive a vehicle registered in your name. Depending on the degree of the offense, an AUO may be charged as a misdemeanor or felony. An AUO conviction is not eligible for expungement, regardless of its category as a misdemeanor or felony offense, and will remain permanently on your record. In many AUO cases, a qualified traffic crime attorney can assist defendants by reducing the charges, negotiating a favorable plea agreement, or getting the charges dropped.

Without any additional factors, aggravated unlicensed operation of a motor vehicle is AUO in the third degree, a misdemeanor offense. A conviction may be punishable by a fine from $200 to $500, imprisonment for up to 30 days, or a combination of both. AUO in the second degree is also a misdemeanor offense, but carries more severe penalties. AUO in the second degree may apply if the offense involves a DWI suspension, a third license suspension for failing to pay a traffic ticket, or if the defendant was previously convicted of an AUO within the last 18 months. A conviction may result in a fine between $500 and $1,000, incarceration or probation for a maximum term of 180 days, and/or a drug treatment program.

Facilitating AUO in the second degree is a misdemeanor crime. Facilitating AUO in the second degree may be charged if the driver has had their license suspended three or more times, or the defendant has had one or more prior facilitating AUO convictions. It only applies when the vehicle involved in the offense is a vehicle that is operated for hire, such as a taxi, limo, bus, or tow truck. If you are convicted of a misdemeanor facilitating AUO offense, the penalties may include a fine ranging from $500 to $1,000, imprisonment for a maximum period of 180 days, and/or probation. In addition, the registration of the vehicle will be revoked.

AUO in the first degree is a class E felony. An AUO in the first degree usually arises in cases where the defendant is driving under the influence of drugs or alcohol while their license is currently suspended due to a pending DWI, DWI conviction, or DWI refusal. It may be charged in other situations as well, such as driving when your license has been permanently revoked due to drunk or drugged driving offenses. A conviction of AUO in the first degree will result in a felony record, along with criminal penalties that may include a fine between $500 and $5,000, one to four year sentence of imprisonment, and/or probation. A defendant may also be charged with a class E felony for facilitating AUO in the first degree.

If you have been charged with a misdemeanor or felony AUO offense, the Westchester County attorneys at Tilem & Associates can assist you. Based out of White Plains, we can represent drivers throughout Bronx, Kings, Queens, Rockland, Richmond, Nassau, Suffolk, and Putnam Counties. Arrange a free consultation by calling Tilem & Associates at 877-377-8666 or contacting us online.